Augusta Estate Planning Attorney

Why You Should Choose Garrett Murphy Law for Your Estate Planning Needs in Augusta, GA

Handing over your legacy is often more involved than simply writing a last will and testament. While you may have seen online options that claim to be easy, fast, and accurate, these websites are not always current with Georgia probate law. You could spend years believing you have done right by your loved ones, only for them to discover that your estate plan does not hold up in court.

Instead, our estate planning advisors approach each case with diligence and care, ensuring we understand your unique needs to tailor a customized solution. We listen to your circumstances and offer flexible options to suit you and your family’s needs best. We can even help you with worries about potential conflict among family members when you are gone and suggest techniques that minimize opportunities for disputes.

Best of all, you do not have to be aware of key trends affecting estate planning in Georgia, since that is our job. We research current statutes that apply to your needs, then create an estate planning checklist to not only prepare your documents, but also let you know when you may need to revisit certain topics. We see the estate planning process as a long-term relationship that develops over your lifetime, and we believe we should be your top choice among estate planning law firms.

What Is Estate Planning?

Estate planning is the process of assessing your assets, liabilities, and final wishes, then creating legal and other documents to clearly state how you wish to pass on your legacy. This process is fundamental to legal planning and essential to protecting a person’s autonomy by putting in writing what is most important. Our Augusta estate planning lawyers help you provide loved ones and the legal system with a detailed plan about your wishes. 

By reviewing your needs, we can prepare the appropriate estate planning documents that meet your unique needs. These may include any of the following:

• Last will and testament
• Statutory power of attorney (POA)
• Revocable or irrevocable trusts
• Special Needs Trust (SNT) for disabled adult children
• Advance directive for healthcare
• Transfer-on-death deeds

One of the primary concerns we help you with is asset protection, which can benefit you while you are still living, in addition to helping your heirs after you die. Asset protection techniques work to protect your wealth and property from unnecessary tax burdens and the public nature of probate court. This minimizes any potential legal hurdles your beneficiaries may face and safeguards your financial legacy.

We Help You Understand the Estate Planning Process

With so many options, you need an experienced Augusta estate planning law firm to break down the process and answer your questions. We begin by discussing your needs during your initial consultation and developing a plan to accommodate all aspects of your estate.

Here are the basic steps to the process:

• Identify what you have and what you owe: We collect details on your accounts, property, stocks, and other assets. We also inventory any liabilities and tax obligations. 
• Name a personal representative (PR): Your PR is someone you trust to manage your affairs after you pass away. They petition the Richmond County Probate Court or the Columbia County Court, depending on which county you reside in, to assign them as the executor, and use that document to manage the legal and financial actions of your estate. 
• Review state laws: Your Augusta estate planning lawyer reviews Georgia intestacy laws and other statutes that could affect your legacy. In rare instances, your estate may qualify for a status of No Administration Necessary, eliminating the need for probate. 
• Create appropriate trusts: Your Augusta estate planning attorney explains which trust options might work best for your situation and prepares the relevant documents.
• Prepare and file your documents: We draft your estate planning documents, review them with you to make any adjustments, and then file them with the appropriate court. You receive copies for your records and to share with your PR. 
• Periodically review your estate plan: As your circumstances change, such as marriage, divorce, births, and deaths, you can return to our estate planning law firm to keep your estate plan current. 

No matter how much you own, you should consider working with an Augusta estate planning lawyer when you have children from a previous marriage, family members who may make things difficult, or specific goals for your assets. At Garrett Murphy Law, we help you focus on the choices that will best serve your needs and those of your loved ones.

Estate Planning Services We Offer in Augusta, GA

Estate planning is more than simply drafting a will. It is about ensuring your assets are distributed according to your wishes and your beneficiaries’ needs. You might choose to do this through establishing trusts, designating powers of attorney, or planning for future healthcare decisions. Here are some of the services we can provide:

Wills

Most people are familiar with the concept of a last will and testament, but do you really know what that means? They can be as simple or complicated as a person’s circumstances require, but the basic idea is to let your family know your final wishes. Most people use a will to designate who receives property and money, but you can also include details about who should receive personal items, such as furniture, jewelry, and heirlooms.

You can also designate guardians for your children or pets. Making a will is the time for you to be open and honest with yourself about who will best care for these loved ones. Parents usually come to these decisions together to decide several alternatives, such as their respective parents, siblings, or grandparents.

Trusts

There are multiple types of trusts used to reduce how much of your property passes through the probate process, including:

• Revocable trusts: You can use these to minimize your tax obligations for your assets while still using them during your lifetime. You can revoke the trust, taking its assets back into your personal ownership, meaning this trust is not as strong as an irrevocable one.
• Irrevocable trusts: An irrevocable trust owns assets during your lifetime and distributes benefits to your heirs after you pass away. Assets bypass probate completely and transfer directly according to the trust’s terms.
• Special Needs Trusts: An SNT  is valuable when you have a spouse or adult child who is disabled or has special needs. The SNT provides funds for their education, living, and health expenses without jeopardizing their eligibility for Medicaid, Social Security benefits, and other assistance programs. 
• Testamentary trusts: You can establish trusts for your children or other heirs that are created when you die, allowing you to have full ownership of your funds and property until that time. Created as part of your will, assets in a testamentary trust still pass through probate.

Your estate planning attorney can explain each type of trust and whether it will benefit your needs. 

Power of Attorney (POA) and Advance Directive for Health Care

A POA is a valuable part of your estate plan, designating individuals you want to make important decisions in the event you are unable to do so. Typically, you will create an Advance Directive for Health Care and a financial POA, naming someone different for each. This avoids potential conflicts of interest when your health and wealth are both in one person’s hands.

An Advance Directive for Health Care can be extremely detailed, outlining your wishes for life-saving medical care, emergency measures, life support if you are unresponsive, and other concerns. Your financial POA allows someone to step in and manage your accounts and obligations while you are incapacitated. POAs are only effective until you recover your faculties and can retake control.

Transfer-on-Death Deeds

Since 2024, Georgia has allowed you to use a Transfer-on-Death Deed (TODD) to transfer real estate to beneficiaries when you die. This is a direct transfer, similar to joint tenants with right of survivorship that married couples share, except you can name a different recipient, such as a child whom you want to inherit a generational family home.

A TODD gives the named recipient no ownership or power over the real estate during your lifetime, so you do not have to worry about the beneficiary selling your property without your consent. Yet it also protects them from disagreements or disputes, since it smooths the way for transferring the property without the delays associated with probate or contested claims against your wishes. 

A TODD also overrides any designations in a will for the same property, even if the last will and testament is more recent than when you recorded the TODD with the county clerk’s office. However, the beneficiary must file their affidavit to claim the property within 9 months after your death. If they do not, then any other designations in your will take priority, and your PR will distribute the asset according to your wishes. 

Estate Planning Protects Your Assets Before and After You Die

One critical aspect of estate planning you may overlook is preparing for the possibility of ill health and disability before you pass away. By creating trusts and other plans, you can protect your home, wealth, and other assets without losing your right to government benefit programs. This can be especially important if your spouse falls ill and requires long-term care.

While Georgia’s laws around descent and estate distribution are written to provide for the deceased’s spouse and children primarily, it means you have no say over who will receive your property if you do not prepare an estate plan. The state may also tax your assets as they pass through probate court. 

The court will also name an administrator based on who submits a petition to serve in that role. If you have not clearly stated your preference, your family members may disagree, extending the time required to manage your estate. Estate planning not only clarifies and protects your property, but it can also reduce the conflict and emotional toll that could arise after you pass away. 

How the Probate Process Works

One of the reasons why estate planning is so critical is that you lose the ability to manage what happens once you have passed away. If you do not make your wishes crystal clear before that time, your family members must adhere to state law defining inheritance, which may not reflect what you would have wanted. By creating a solid estate plan well in advance of your death, you provide a blueprint for your loved ones in a time of crisis.

Here are the general steps in the probate process in Georgia if you pass away with a will:

• Your executor locates your estate plan, including your will.
• The PR establishes their legal ability to manage the estate by taking the will and death certificate to the probate court for the county where you lived before you died. 
• The probate court validates the will and the PR’s appointment.
• The PR locates and takes control of all financial accounts, deeds, titles, and other documents related to the estate’s assets.
• The PR issues a notice to all heirs and beneficiaries to inform them that probate has begun. Parties can contest the will or assert claims if they disagree with its terms or the distribution of assets.
• The PR and court publish a notice in newspapers, allowing creditors to bring any claims against the estate within a designated timeframe.
• The PR creates an estate inventory of all assets and liabilities, sharing this with the probate court at the beginning and end of the estate management process.
• The PR files additional documents with the court throughout the estate management process, which can vary depending on the specifics of the estate assets and obligations. 
• The PR pays any outstanding debts and liabilities on the estate’s holdings, including your funeral costs, medical bills, and property maintenance expenses.
• The PR files your final tax return and one for the estate.
• After settling all debts and paying taxes, the PR distributes assets according to your will.
• The PR files the final probate forms and petitions the court to close the estate.

Any property held in a trust does not pass through probate, except for testamentary trusts. If you die without a will, your assets will go to your spouse, children, siblings, or parents in a specific order. Your estate planning lawyers at Garrett Murphy Law can answer your frequently asked questions about probate law so you can make well-informed decisions. 

We Also Offer Guidance for Various Aspects of Probate Law to Executors

If your loved one passed away without the benefit of creating an estate plan beforehand, we can assist you in understanding what to do when you connect with an Augusta probate lawyer at our firm. We help you organize your documents, identify potential creditors and beneficiaries, and represent your interests in the probate process. We use our experience to remove the obstacles you may face when managing this overwhelming task.

We can connect you with real estate agents, valuation experts, and others to gain the full picture of what the estate’s assets are worth. We also advise you regarding your obligations to notify and pay creditors, including when claims may be unfounded and potentially false. Unfortunately, many people and companies may come calling on the word of your loved one’s death, but not all will have verifiable claims against the estate.

We collaborate with accountants and forensic specialists to locate and identify all assets. Your probate lawyer can reduce the burden on your shoulders and handle the paperwork while you process your grief and support your family. While serving as a personal representative can be difficult and demanding, it is also an important form of final service to someone who trusted you with the future of their legacy. 

A Year’s Support for Spouses and Minor Children

If your spouse passed away and you have minor children, you could seek what’s called a “Year’s Support” from the estate, regardless of whether there is a will. Under O.C.G.A. Title 53 Chapter 3, you can file a petition either with the Richmond County Probate Court or the Columbia County Probate Court to receive enough from the deceased’s estate to cover basic living expenses for you and your minor children. 

This support takes priority over any creditor claims, including any court-ordered payments. It also supersedes any existing tax debt to the state or federal government. However, it does not mean that you do not have to address those debts with assets from the estate through the probate process. 

If your spouse did have a will but did not otherwise provide for your and your children’s well-being after their death, you could still petition the Probate Court for a Year’s Support. The court will require the will, any other available estate documents, and a full inventory of estate assets and liabilities. They will conduct a hearing to determine whether to grant your petition and the support. 

We Help Your Executor and Trustees Manage Unexpected Issues

Even with careful preparation, estate plans can develop problems if not regularly reviewed and adjusted. Potential issues during estate execution include:

• Assets held jointly with a surviving spouse: Jointly titled marital assets will automatically be conveyed to the surviving spouse by operation of law. 
• Accounts made payable on death to a child: Pay-on-death assets are automatically transferred to the person you named as beneficiary. 
• Assets owned in the decedent’s name only: These do not go into a trust after death and will pass through probate. Afterward, they may still pass to the trust if the trust terms specify the “pour over” of the probate estate into a living trust.
• Physical assets or documents in various locations: Ideally, you collected all your estate plan documents, deeds, and other important material in a single place. We can assist your trustee or PR in getting copies of your death certificate and trust agreements in order to access safe deposit boxes, homes, or other restricted sites. 
• Assets impacted by the SECURE 2.0 Act: Part of estate planning involves recognizing how the SECURE 2.0 Act may affect your assets and your loved ones. Without appropriate consideration, your beneficiaries may face unexpected tax obligations.

When you begin building your estate plan, your estate planning lawyer works with you personally, but they also aim to establish relationships with the people you will trust with your final preparations. We can coordinate actions with your personal representative, trustees, and heirs, paving the way for as little frustration as possible during their time of loss.  At Garrett Murphy Law, we are fully committed to guiding you and your loved ones through the estate planning process with skill, dignity, and integrity.